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  1. #1
    Join Date
    Jun 2017
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    1

    Default Does a Landlord Have to Prorate Rent if a New Tenant's Lease Term Overlaps With Yours

    My question involves landlord-tenant law in the State of: WA


    My boyfriend and I are renting a condo unit from an individual in downtown Seattle. Our lease was a two year lease, valid from July 28th, 2015 to July 31st, 2017.

    We provided our landlord notice on June 1, 2017 that we intended to not renew the lease. We also informed them that we would be moving out of the unit on July 10th, we understood we had a responsibility to pay the full months rent through the 31st, but we would be willing to hand in our keys before the end of the month if they found a tenant who needed to move into the unit before August 1st. In return for handing the keys in early, we would expect a prorate of our last month's rent.

    Our landlord signed a new lease with a new tenant, beginning July 27th, 2017. They are now refusing to prorate our rent for the last 5 days of the month, stating they have the right to prorate and charge us when we move into the unit after the 1st of the month (we paid for our time in the unit in July, 2015), but are under no obligation to prorate our rent when we move out.

    Therefore, this new lease now overlaps with our own by 5 days. What are our rights? Can we refuse to do the walk through until the last day of our lease? Are they required to prorate our rent? Do you have any laws you can help me cite in my response?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Does a Landlord Have to Prorate Rent if a New Tenant's Lease Term Overlaps With Y

    I have no access to your lease agreement, and the content of your lease may affect your respective rights. Read it and see what it says.

    Your landlord has an incentive to negotiate. After all, what will your landlord do if you notify him that you've changed your mind about your move-out-date, and won't be vacating until July 31?

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Does a Landlord Have to Prorate Rent if a New Tenant's Lease Term Overlaps With Y

    Once you surrender your unit, even if there is time left in your lease, you have no further claim to occupy the unit. The question is whether rent has to be prorated on a unit that has already been surrendered, and has absolutely nothing to do with wrongful eviction.

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